N200.00 is the Highest Fine for Not Wearing Face Mask.

N200.00 is the Highest Fine for Not Wearing Face Mask. Daily Law Tips (Tip 730) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction: 

A law without punishment is a toothless dog and a mere mockery of its makers. If laws with heavy punishments are violated, what is the fate for laws with no punishment? It is a fact that coronavirus (COVID-19) is deadly and the death count in Nigeria is on the rise but many Nigerians do not believe that COVID-19 exists. What is the fate of Nigeria, if the maximum fine for breaching COVID-19 health protocols is less than 1 dollar/pound? What is the worth of life in a country where the highest punishment for not wearing face mask is N200.00? Truly, is N200.00 the Highest Fine for Not Wearing Face Mask in Nigeria? 

COVID-19 Vs. the N200.00 Fine:

To fight COVID-19, the President of Nigeria had on the 26 January 2021, signed a COVID-19 regulation. The federal regulations among other things criminalizes the failure to wear face mask (to cover nose and mouth) while in public places. While this is commendable, the punishments for failure to wear nose mask are fine of Two Hundred Naira (N200.00) and an imprisonment for six (6) months, either or both. 

Courts, judges and magistrates are not law makers rather they are interpreters of laws, without powers to add or subtract. So, since the highest fine for not wearing face mask in N200.00, it means that courts in Nigeria can award fines that are less than N200.00 or exactly N200.00, with or without imprisonment. At the present-day foreign currency rates, N200.00 is less than One Dollar ($1).  

Conclusion: 

“The Coronavirus Disease [COVID-19] Health Protection Regulations 2021” made by the President of Nigeria, draws its powers from the 95-year old Quarantine Act of 1926. As such, the federal regulations must contain punishments that are not higher than the punishments contained in the Quarantine Act of 1926. Unfortunately, the highest punishments in the aged Quarantine Act of 1926 are Two Hundred Naira (N200.00) and an imprisonment for six (6) months. 

The duty of increasing the fine of N200.00 rests only on the federal legislature (National Assembly) and not on the President of Nigeria. However, the President and its stakeholders in the health and COVID-19 struggle must lead the push for change in the Quarantine Act. 

The legislatures in Nigeria are well paid and pampered, they must do their work and save Nigeria from the crushing hands of COVID-19. Let the fine for any breach of the COVID-19 protocols be increased in line with the realities in Nigeria. A nation where its minimum wage is N30,000.00 should not have a fine for breach of COVID-19 protocol at N200.00. Let the law makers do their paid job!

My authorities, are:

1. Sections 1, 2, 3, 4, 5, 6, 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1, 2, 3, 4, 5, 7 and 8 of the Quarantine Act of 1926.
3. Regulations 5, 6, 7, 8, 10, 15, 18, 24, 31, 32, 33, 34, 39, 40, 42 of the Coronavirus Disease [COVID-19] Health Protection Regulations 2021
4. Onyekachi Umah, “COVID-19 Exemption for Religious Gatherings” (LearnNigerianLaws.com, 3 February 2021) <https://sabilaw.org/covid-19-exemption-for-religious-gatherings/> accessed 5 February 2021.
5. Onyekachi Umah, “Not Wearing a Face Mask Is Now A Crime” (LearnNigerianLaws.com, 29 January 2021) <https://sabilaw.org/not-wearing-a-face-mask-is-now-a-crime/> accessed 2 February 2021. 
6. Onyekachi Umah, “Failure To Wear Nose Mask Is Not An Offence In Nigeria.” (LearnNigerianLaws.com, 28 April 2020) <https://sabilaw.org/failure-to-wear-nose-mask-is-not-an-offence-in-nigeria-daily-law-tips-tip-557-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
7. Onyekachi Umah, “Nigeria Has No Law Against Public Gathering During COVID-19 Era.” (LearnNigerianLaws.com, 14 April 2020) <https://sabilaw.org/nigeria-has-no-law-against-public-gathering-during-covid-19-era-daily-law-tips-tip-547-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
8. Onyekachi Umah, “Is There a Quarantine Act Made in 2004, After That of 1926 in Nigeria?” (LearnNigerianLaws.com, 5 May 2020) <https://sabilaw.org/is-there-a-quarantine-act-made-in-2004-after-that-of-1926-in-nigeria-daily-law-tips-tip-562-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
9. Onyekachi Umah, “Court That Can Try Cases On Quarantine And Lockdown In Nigeria.” (LearnNigerianLaws.com, 23 April 2020) <https://sabilaw.org/court-that-can-try-cases-on-quarantine-and-lockdown-in-nigeria-daily-law-tips-tip-554-by-onyekachi-umah-esq-llm-aciarbuk-2/> accessed 28 January 2021.
10. Onyekachi Umah, “Punishment For Violation Of The COVID-19 Regulations Or The Quarantine Act.” (LearnNigerianLaws.com, 6 April 2020) <https://sabilaw.org/punishment-for-violation-of-the-covid-19-regulations-or-the-quarantine-act-daily-law-tips-tip-541-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
11. Onyekachi Umah, “Illegality Of Covid-19 Regulations Of 2020 And The Toothless Quarantine Act Of 1926” (LearnNigerianLaws.com, 1 April 2020) <https://sabilaw.org/illegality-of-covid-19-regulations-of-2020-and-the-toothless-quarantine-act-of-1926-daily-law-tips-tip-538-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
12. Onyekachi Umah, “How To Legally Declare State Of Emergency Over Covid-19 In Nigeria Or Any State.” (LearnNigerianLaws.com, 15 May 2020) <https://sabilaw.org/how-to-legally-declare-state-of-emergency-over-covid-19-in-nigeria-or-any-state-daily-law-tips-tip-570-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021
13. Onyekachi Umah, “Can “NCDC” Make Regulations For Nigeria?” (LearnNigerianLaws.com, 29 April 2020) <https://sabilaw.org/can-ncdc-make-regulations-for-nigeria-daily-law-tips-tip-558-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
14. Onyekachi Umah, “Management and Disposal of COVID-19 Corpses in Nigeria.” (LearnNigerianLaws.com, 27 April 2020) <https://sabilaw.org/management-and-disposal-of-covid-19-corpses-in-nigeria-daily-law-tips-tip-556-by-onyekachi-umah-esq-llm-aciarbuk/> access 28 January 2021. 
15. Onyekachi Umah, “COVID-19 and Landlords: Can Government Force Landlords Not To Eject Tenants?” (LearnNigerianLaws.com, 15 April 2020) <https://sabilaw.org/covid-19-and-landlords-can-government-force-landlords-not-to-eject-tenants-daily-law-tips-tip-548-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021. 
16. Onyekachi Umah, “Punishment For Price Increment During COVID-19 Lockdown In Lagos State.” (LearnNigerianLaws.com, 13 April 2020) <https://sabilaw.org/punishment-for-price-increment-during-covid-19-lockdown-in-lagos-state-daily-law-tips-tip-546-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
17. Onyekachi Umah, “Persons That Must Provide Medical Equipment For COVID-19.” (LarnNigerianLaws.com, 10 April 2020) <https://sabilaw.org/persons-that-must-provide-medical-equipment-for-covid-19-daily-law-tips-tip-545-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
18. Onyekachi Umah, “Can An Offender Be Convicted Under The Lagos State Infectious Diseases Regulations Or Other States’ Regulations?” (LearnNigerianLaws.com, 9 April 2020) <https://sabilaw.org/can-an-offender-be-convicted-under-the-lagos-state-infectious-diseases-regulations-or-other-states-regulations-daily-law-tips-tip-544-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
19. Onyekachi Umah, “The COVID-19 Laws In States Or State Of Emergency: Best Tool In Fighting Coronavirus?” (LearnNigerianLaws.com, 8 April 2020) <https://sabilaw.org/the-covid-19-laws-in-states-or-state-of-emergency-best-tool-in-fighting-coronavirus-daily-law-tips-tip-543-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
20. Onyekachi Umah, “House Rent And COVID-19: Can Landlords Evict Tenants?” (LearnNigerianLaws.com, 7 April 2020) <https://sabilaw.org/house-rent-and-covid-19-can-landlords-evict-tenants-daily-law-tips-tip-542-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
21. Onyekachi Umah, “Shooting Of Isolation Centers’ Escapees Is Unlawful And Punishable.” (LearnNigerianLaws.com, 3 April 2020) <https://sabilaw.org/shooting-of-isolation-centers-escapees-is-unlawful-and-punishable-daily-law-tips-tip-540-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 28 January 2021.
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